In some cases, the adultery does not make a huge difference in the division of the marital estate. In others, it makes a huge difference. Like the division of assets, the family court must consider a list of factors when deciding how much alimony one party must pay to the other.
What is a fault divorce in South Carolina?
To learn more about child custody laws in South Carolina , click here. However, if a party denies the adultery and forces the other spouse to go through the expense of proving it, a family court could order that the cheating spouse pay the fees and costs incurred in proving the adultery.
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We have seen adultery have great effects on some cases and little effects on others. The bottom line is that the safest route is to not expose yourself by committing adultery. Adultery is hard for most people to forgive, and it often leads to the breakup of the marriage. North Carolina considers any property obtained during the marriage by either spouse as marital property, which means that both parties have an equal claim to it during divorce proceedings.
Any debts incurred during the marriage are also marital property. On the other hand, any property that either spouse obtained before the marriage is considered separate property and is only owned by the spouse who acquired it.
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Also considered separate property are any assets that were inherited or received as a gift during the marriage. Gifts between spouses, however, are marital property. However, the following factors may be taken into account to ensure the equitable distribution of property:. The court does not consider any actions that led to the end of the marriage, such as adultery, when dividing property. In North Carolina, both parents are responsible for the support of their children, regardless of who the custodial parent is.
If you are the non-custodial parent paying child support, you are responsible for doing so until the child turns Or, if the child is still in primary or secondary school at age 18, you are responsible for paying child support until the child graduates or turns 20, whichever happens first.
Child support will cover basic costs like food, clothing and housing, plus other expenses like medical costs, health insurance , the cost of traveling to visitations and extracurricular activities. North Carolina allows for spousal support, also known as alimony. The court will consider the following factors when awarding alimony:. North Carolina considers any retirement plan acquired during the marriage as marital property for the purpose of the divorce. However, only the value of the pension or retirement plan that was accrued while the couple was married is considered marital property and will be divided.
Any savings accrued before the marriage or after the divorce is personal property. On the other hand, you may have valid reasons for filing a fault-based divorce, particularly if you live in a state that allows courts to consider adultery as a factor when deciding alimony or property division. Or, if you live in a state that only offers no-fault divorce based on a lengthy separation, you may not want to wait it out.
Divorce Attorneys serving the Upstate of South Carolina
For example, in Louisiana, divorcing couples with children must live apart for at least one year before they can obtain a no-fault divorce. Before you file, you should speak with a family law attorney, who can help you understand your state's laws and how they might apply to your case.
Every divorce is different, and an experienced attorney can help you choose the best legal path for your situation. State laws vary on what amounts to adultery, but it's generally defined as voluntary sexual intercourse between a married person and someone other than the spouse. While intercourse is usually required, something less may amount to adultery. You'll have to check your state's laws or ask a local attorney to find out more about the specific elements of adultery in your case.
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When you file for divorce based on adultery, you'll have to convince a judge that a sexual affair actually occurred. Adultery can be hard to prove, and a feeling or a belief that your spouse committed adultery isn't going to be enough. Most people don't have direct proof of adultery, such as an eyewitness account. Cheating spouses usually try to keep a low profile, so evidence of an affair is hard to get. However, a seasoned private investigator PI may be able to find or capture their own photos or video footage of your spouse having a sexual encounter.